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 |  Subject: Artcile: Facebook sues Teachbook for using "book" in their name Sat Sep 11, 2010 1:07 pm | |
| Facebook sues Teachbook for using "book" in their nameBy Heba Hashem 2010-09-11 | Published 10:41 Teachbook.com, a teacher's online community that has yet to launch, was sued by Facebook for using "book" in its name.| Quote: | 
California-based Facebook has accused the start-up site of federal trademark dilution, trademark infringement and unjust competition. Teachbook plans to launch in the second half of 2010, and many of the site's links are still dead.
Greg Shrader, a managing partner at Teachbook, said it is a "teacher's community" where users can share lesson plans and exchange advice with fellow academicians. But the lawsuit alleges that "(Teachbook) has created its own competing online networking community in an intentional attempt to become Facebook 'for teachers".
"At the end of the day, they're just trying to bully us and we're not going to roll over. We have every intention of filing an opposition in a month or so". He added that Facebook's filing "strikes me as greedy. We're a two-person company -I don't know how a multibillion-dollar site sees us as a threat".
According to Shrader, the word "book" is a natural choice for his website, since it directly relates to teachers and education.
However, the filing claims that Teachbook had marketed itself as an alternative to Facebook. It accused Teachbook to have a page - which has since been removed – that read: "Many schools forbid their teachers to maintain Facebook and MySpace accounts ... With Teachbook, you can manage your profile."
Meanwhile, a Facebook spokesperson said they don't claim to own rights to the word "book," as it has no issues with other titles like Kelley Blue Book. "However, there is already a well-known online service with 'book' in the brand name that helps people connect and share", the Facebook rep said.
This isn't the first time Facebook has opposed the use of the suffix "book". Travel website TripTrace - once called PlaceBook – explained in a post how the social networking giant forced it to change its name.
"We didn't believe anyone could own the word 'book' apart from 'face,'" reads a post on TripTrace's blog. "We knew of a number of websites that had similar names that were clearly not copying Facebook: Cookbook, Blackbook, eBook, RunBook ... Racebook, Casebook, Tastebook."
But the site eventually complied, saying that "as a start-up we were in no position to fight." |
Source
My opinion
I agree with the perspective that the term book isn't owned by anyone, copyright or otherwise. However, what I do find odd is that our legal systems do not see the obvious things in this picture. e.g.
1. Laws regarding businesses
a. Monopolies are discouraged as that is what is commonly perceived to be the cause of the great depression in the early 1900s. If you divulge into the history of the boardgame monopoly you might be surprised to discover that the game originally was intended to show people how one monopoly meant that everyone else lost. It was originally created around the end of the great depression if memory serves me. (Feel free to correct me by citing dates, that'll help me remember too :) )
b. Cartels are also not allowed. As a matter of fact, while monopolies are often discouraged, operating or being a part of a cartel is illegal.
2. How point 1 is relevant?
If history has shown us that a cartel would create a monopoly which is one of the reasons why cartels were banned. Then why is it so troublesome for facebook to see competition arising? If memory serves me, we are out of the authoritarian era and have moved past it into democracy and capitalism (neither is in full effect, yes, BUT neither is authoritarian either)
So basically this is not very different from when Windows sued a start up called Lindows? Incorrect. Lindows was providing the exact interface of Windows by using a Linux kernel (Delphi) and essentially running something along the lines of a VMware emulation of the interface. So, Lindows was not only competing with windows but was also using windows interaction techniques so that conversion was easier for people. Then again, if memory serves me, during the dawn of the computing era (1980s) 2 of the most famously used Operating systems were MS-DOS (windows metaphorical father) and GW-Basic (Visual Basic's metaphorical father). The interface was almost identical and most of the commands worked both ways. Was that illegal? If memory serves me (it might not) it wasn't illegal.
So, basically, under what this article states, anything with "book" in its name should be sued. Interesting, for some reason I want to create a website called PornBook. BUT WAIT, if I do that who will sue me, and who will win? Will the people who consider the Kamasutra a sacred text sue me? (it was written YEARS ago, and no it didn't have pictures in it) or would facebook sue me? Who would win, and why? Sarcasm is intended.
3. How is facebook attempting to create a monopoly?
Microsoft did similar tactics in its early on days. It did attempt to raise hell over anyone using a GUI like it to ease user experience. Mac and Unix took the brunt of the battle but they eventually came out; very late. Too much business lost because Windows was able to ensure the world learnt how to use its systems and got used to them.
Facebook from a tech perspective is little more than a reapplication of existing processes onto a website. Its modular approach to a website creates the perfect homepage for many people. They interact, and at the same time other people can also create things and make money from the same homepage. Modular programming isn't patented by anyone last I checked, neither is Object oriented programming, neither is event driven programming.
So, facebook is scared someone else will see the pattern, imitate it, and use it for a better purpose? In my honest opinion, FAIL!
4. My conclusions
From my limited knowledge on the matter, if teachbook is attempting to create a modular approach to teaching whereby those who impart education can learn from each other and thus raise the standard of education globally, I'm all for it.
If its a scam, let it open, the population would either realise that and it'll fail, OR the people will fall for it. Facebook shouldn't be scared that someone else might pull off a better scam if they didn't pull a scam.
If the website, and others like it, are so badly flawed, like the article mentions. They shouldn't have anything to be scared about. Afterall, hotmail was created by an indian, then Microsoft acquired it. Yahoo imitated it, got a small market share and has survived. Google then came out with Gmail and personally (based on options and all) Gmail is the leader in innovation presently when it comes to email. The concept of "Webmail" wasn't a bad one then and it isn't now. Yet, hotmail has the largest share (I think) of number of people having accounts there.
So, Teachbook, cookbook, ebook, FTW. After all, books are intended to impart knowledge. NOT promote narcissism and not be about my face or your face. _________________ 
"The worst thing in life is attachment, it hurts when you lose it. The best thing in life is loneliness, it teaches you everything and when you lose it, you get everything."
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DizordA
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| | Subject: Re: Artcile: Facebook sues Teachbook for using "book" in their name Sat Sep 11, 2010 3:12 pm | |
| I thinks its f@ckin lame that ppl can "own" words. In Sweden we got a party called "Kristdemokraterna" (christian party) who got the copyright for the term "real people". So in Sweden you could get sued for using the term "real people" and I thinks that really lame.
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